| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by awarding him the Purple Heart.
APPLICANT STATES: In effect, that he is entitled to the Purple Heart for injuries inflicted by enemy forces during the Battle of the Bulge in January 1945. He contends that his wounds were the result of an incendiary bomb or explosion and that he received medical treatment in a field hospital. He also contends that he was asked by someone if he wanted the Purple Heart, not knowing what it was or its meaning or importance, he said, no.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect the consideration of Docket Number AR2001060259 by the Army Board for Correction of Military Records on 8 January 2002.
The applicant submitted a copy of a Morning Report, dated 4 January 1945, which shows that his status changed from duty to sick and that he was evacuated to the hospital.
The applicant also provided an Organization or Detachment Commander’s Report, dated 4 January 1945, which shows that he was sick on 4 January 1945. The unit medical officer indicated in this report that the applicant was in the line of duty and was being sent to the hospital. There is no evidence that the applicant’s hospitalization was the result of hostile action.
The documents submitted by the applicant are new evidence and will be considered by the Board.
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration. This includes but is not limited to any facts or arguments as to why relief should be granted. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
The regulation provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board considered the applicant’s contention that he is entitled to the Purple Heart for injuries inflicted by enemy forces during the Battle of the Bulge in January 1945. The Board also noted the documentation provided by the applicant in support of his claim for the Purple Heart. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action during World War II. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.
2. The overall merits of the case, including the latest submissions, are insufficient as a basis for the Board to reverse its previous decision.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
JLP____ AAO_____ RKS_____ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2002071774 |
| SUFFIX | |
| RECON | Yes |
| DATE BOARDED | 20020604 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001060905C070421
In an application dated 13 August 1998 he requested award of the Purple Heart be added to his “discharge” because he was “seeking compensation for frozen feet that happened during the Battle of the Bulge.” That request, and an earlier request dated 5 May 1998 in which the applicant merely requested that his records be amended “to show my Purple Heart Medal,” were administratively closed (AR1999016430) when it was determined that his military records were not available as a result of the 1973...
ARMY | BCMR | CY2002 | 2002073513C070403
This letter of support states that the applicant was wounded at the Battle of the Bulge and that he suffered frostbite of the feet and fingers. There is no evidence in the available records which shows that the applicant was wounded or treated for wounds as a result of hostile action. There is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action during the Battle of the Bulge.
ARMY | BCMR | CY2001 | 2001058474C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The DA Form 1577 showing the applicant is entitled to the Purple Heart is new evidence that requires Board consideration. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or as a result of hostile action.
ARMY | BCMR | CY2002 | 2002076103C070215
The statement submitted by the applicant is new evidence that requires Board consideration. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained as a result of hostile action. While the original rules established that the Purple Heart would be awarded to individual's killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were...
ARMY | BCMR | CY2002 | 2002066474C070402
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2013 | 20130008734
The applicant, the widow of a deceased former service member (FSM), requests her husband be posthumously awarded the Purple Heart and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show this award. The FSM's military service records are not available to the Board for review. In addition, the FSM's WD AGO Form 53-55 does not show he was wounded in action.
ARMY | BCMR | CY2009 | 20090016492
Item 33 does not show award of the Purple Heart. c. DVA medical reports dated 9 May and 22 April 2002 describe the applicant as having been shot in the left foot during WWII and that he was sent to a field hospital for treatment where he was put in a cast for about a month. Notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient...
ARMY | BCMR | CY2002 | 2002072174C070403
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The Board noted that this...
ARMY | BCMR | CY2006 | 20060003587C070205
The applicant provides copies of his WD AGO Form 100 (Army Separation Qualification Record), WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), a letter explaining the facts of the case, a Department of Veterans Affairs (VA) Authorization and Release of Information form, a 6 June 1994 Certificate of Honor from the Federation of French War Veterans, an enlargement of a photocopy of a Purple Heart medal on the left side of a Jewish War Veterans cap, the reverse...
ARMY | BCMR | CY2001 | 2001057383C070420
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 14 March 2002 DOCKET NUMBER: AR2001057383 The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant’s submission is new evidence that requires Board consideration.